Excluded Nonconfirmities Sample Clauses

Excluded Nonconfirmities. A nonconformity is not considered an error and/or failure of the Services to meet the % of Availability set forth above, if it results from (a) the Services being combined or merged with, or accessed by, any program, equipment or device not supplied or specifically pre-approved in writing by CB4’s authorized signatory; (b) the error is caused by end-user's misuse or improper use of the Services; (c) if the error cannot be reproduced in an unmodified version of the Services running on the applicable platform, (d) alterations or modifications made by anyone other than CB4, (e) unauthorized third party software and/or hardware, (f) to the extent appliable, failure to promptly install any maintenance releases provided while under valid maintenance coverage, (g) do not result from the CB4's underlying platform or other acts or omissions of CB4, or are outside of CB4's reasonable control, such as any force majeure event or internet access, and/or (h) result from lack of availability or untimely response time of end-user.
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Related to Excluded Nonconfirmities

  • Breach excludes 11 1) Any unintentional acquisition, access, or use of PHI by a workforce member or 12 person acting under the authority of CONTRACTOR or COUNTY, if such acquisition, access, or use 13 was made in good faith and within the scope of authority and does not result in further use or disclosure 14 in a manner not permitted under the Privacy Rule.

  • Downgrade Event If Downgrade Event is indicated as Applicable on the Cover Sheet, if at any time there occurs a Downgrade Event in respect of a Party, then the other Party may require Performance Assurance in an amount determined by that Party in a commercially reasonable manner. Failure to provide such Performance Assurance to the requesting Party within three Business Days of request is an Event of Default.

  • Excluded Costs The following items are considered general overhead items and shall not be billed to the District:

  • Payment in the Event Losses Fail to Reach Expected Level On the date that is 45 days following the last day (such day, the “True-Up Measurement Date”) of the Final Shared Loss Month, or upon the final disposition of all Shared Loss Assets under this Single Family Shared-Loss Agreement at any time after the termination of the Commercial Shared-Loss Agreement, the Assuming Institution shall pay to the Receiver fifty percent (50%) of the excess, if any, of (i) twenty percent (20%) of the Intrinsic Loss Estimate less (ii) the sum of (A) twenty-five percent (25%) of the asset premium (discount) plus (B) twenty-five percent (25%) of the Cumulative Shared-Loss Payments plus (C) the Cumulative Servicing Amount. The Assuming Institution shall deliver to the Receiver not later than 30 days following the True-Up Measurement Date, a schedule, signed by an officer of the Assuming Institution, setting forth in reasonable detail the calculation of the Cumulative Shared-Loss Payments and the Cumulative Servicing Amount.

  • STRIKES OR LOCK-OUTS During the term of this Collective Agreement the Union agrees that there shall be no strike and the Employer agrees that there shall be no lock-out. Subject to any Labour Relations Board (or any succeeding body) directives, if an employee employed under the terms of this Collective Agreement refuses in good conscience to cross a legal picket line, the employee shall be considered to be absent without pay, and it shall not be considered a violation of this Agreement nor shall it be grounds for disciplinary action.

  • NO STRIKES OR LOCK-OUTS 6.01 The Union agrees that there shall be no strikes and the Employer agrees that there shall be no lockouts during the term of this Agreement. The meaning of the words "strike" and "lockout" shall be as defined in the Ontario Labour Relations Act, as amended.

  • HOLIDAYS THAT FALL ON A SATURDAY For those employees assigned to a work week of Monday through Friday, and in the event a legal holiday falls on Saturday, the preceding Friday shall be observed as a holiday; provided, however, that except where the Governor declares that such preceding Friday shall be a legal holiday, each department head shall make provision for the staffing of public offices under his/her jurisdiction on such preceding Friday so that said public offices may serve the public as provided in Section 16.4 of the Administrative Code. Those employees who work on a Friday which is observed as a holiday in lieu of a holiday falling on Saturday shall be allowed a day off in lieu thereof as scheduled by the appointing officer in the current fiscal year.

  • WHAT WE EXCLUDE In addition to the exclusions appearing in the section "Which general exclusions apply to all of our covers?", we do not cover interruptions following: • cosmetic treatment, health cure, voluntary termination of pregnancy, in vitro fertilisation and its consequences; • depressive, mental or psychological illness without hospitalisation of less than three days; • epidemics or pandemics. WHAT WE EXCLUDE Apart from the exclusions appearing in the section “Which general exclusions apply to all our covers?", we cannot intervene or compensate if the immobilisation is due to: • running out of fuel or using the wrong fuel; • puncture; • losing, mislaying, theft or breakage of keys other than breakage of the key in the vehicle's steering anti-theft system; • repeated breakdowns of the same type caused by failure to repair the vehicle after our agents have initially intervened during the month preceding the event; • air conditioning problems and breakdowns; • unless stated otherwise in the policy, damage to bodywork that does not result in immobilisation of the vehicle; • consequences immobilising the vehicle for servicing; • Failures of alarm systems not fitted as standard. Our cover excludes reimbursements of: • fuel costs; • personal items and effects left in and/or on the vehicle; • customs and surveillance costs other than those previously agreed on by the assistance service; • goods and animals being carried; • vehicle repair and towing costs, spare parts; • all costs other than coverage of a replacement vehicle within the limits provided for in the Schedule of Cover. Immobilisation of the following vehicles is excluded from replacement vehicle cover: • motorcycles under 125 cc; • mopeds, scooters; • luggage trailers of a gross vehicle weight of more than 750 kg; • non-standard trailers and all trailers other than those intended for carrying luggage, as well as boat trailers and vehicle-carrying trailers; • registered motorised quadricycles driven without a licence; • vehicles intended to carry people for money such as driving-school cars, ambulances, taxis, hearses and hired vehicles; • vehicles designed to carry goods and animals. should comply with the following weight and dimensions: • Maximum weight: Less than 10 kilograms Maximum dimensions: the sum of the length, width and height of the parcel must not exceed 150 centimetres. Under no circumstances can the Insurer be held liable for: • delays attributable to the transport providers selected to deliver the forgotten item. the breakage, loss, damage or theft of the forgotten Item during transportation; • consequences resulting from the nature of the forgotten item; a refusal by national or international customs to authorise the shipment of the forgotten item.

  • TERMINATION, SUSPENSION OR ABANDONMENT 9.1 This Agreement may be terminated by either party upon not less than seven (7) calendar days' prior written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination.

  • Regulatory Event New Taxes If, after the Effective Date, a Regulatory Event occurs or New Taxes are imposed, and such event or taxes have a direct, material and adverse effect on the economic benefits to a Party of this ESA, the affected Party shall send written notice to the other Party, setting forth the Regulatory Event or New Taxes and reasonably demonstrating the effect of the same on the affected Party. Upon delivery of such notice, the Parties shall use reasonable efforts to negotiate an amendment to this ESA to mitigate such effect. Alternatively, if as a direct result of such a Regulatory Event or New Taxes, the Competitive Supplier incurs additional, material costs, the Competitive Supplier shall provide a written notice to the Town that documents: a) the effective date of the Regulatory Event or New Taxes; b) a detailed explanation and reasonable demonstration of the material costs incurred as a result of the Regulatory Event or New Taxes; c) the timing of the cost impact to be incurred by the Competitive Supplier; d) the proposed price increase per kWh to be passed on to Participating Consumers; and e) a proposed plan for coordinating with the Local Distributor for an increase in the price per kWh that is billed by the Local Distributor, designed to reimburse the Competitive Supplier for such cost impact. If the Town and the Competitive supplier cannot agree on the amendment to this ESA or reimbursement contemplated by this section, the matter may be subject to dispute resolution in accordance with section 12.2. In no event shall a price change become effective without providing Participating Consumers with a 30-day advance notice of the price change.

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